Chapter XI. Custom And Contract (CNT Act 1908) Excerpts (C)

Chapter XI. Custom and Contract
Accrual of Occupancy Rights in Ghatwali tenures or holdings:
The Ghatwals have been generally allowed to sub-let their lands to Raiyats. In fact, in the case of the larger tenures, sub-letting in inevitable.

In Singhbhum district, it has been found that Raiyats of the Ghatwals do acquire occupancy rights by custom, as soon as they are admitted to occupation, and the bargain as to rent is concluded.
By custom it appears that the under-Raiyats of Ghatwals in Singhbhum district enjoy the same rights as Raiyats, i.e., they acquire occupancy rights in the same way, unless in the case of lands leased out to them for specific periods, on produce rents. In the latter case, it appears that they are liable to ejectment without recourse to the law, on the expiration of the period of the lease.
It has been held by the Courts that occupancy rights cannot be acquired in Ghatwali lands.
A Ghatwali cannot create a Mokarrari lease or any other permanent encumbrance, which may prejudicially affect the value of the property as a service tenure or holding; nor, can be usually give a temporary lease or transfer the whole or any part of the tenancy for a period, without the consent of the Deputy Commissioner.
Homesteads:
When a Raiyat holds his homestead otherwise than as part of his holding as a Raiyat, the incidents of his tenancy of the homestead shall be regulated by local custom or usage, and, subject to local custom or usage, by the provisions of this Act applicable to land held by a Raiyat.
Where homestead or Bastu, as it is called, is held as part of the Raiyat’s holdings, the ordinary law will apply, and the homestead will be treated as held subject to the same provisions of law as the arable portion of the tenancy.
But, where the Bastu land is held by the Raiyat as a separate and distinct tenancy from the arable areas held by him, the incidents of the former tenancy will be governed by the local usage and custom; but, if there is no local usage and custom, the provision of the Act will apply.
It should be observed that the provisions of this section apply to Raiyats only, and not to merchants, mahajans and other holding homestead lands in villages, towns and cities. The home stead should be ancillary to the agricultural tenancy. If this were not the case, a Raiyat holding lands in the interior of a district could claim occupancy rights in homestead lands held by him in a large town or city. But, it is not necessary that the tenant should be a Raiyat in the village, in which he holds the homestead; nor, is it necessary for him to be a tenant of the same landlord as the landlord of the homestead.
Local Custom and usage: In Ranchi district, it has been ascertained during the Settlement operations that Raiyats’ homestead lands are almost invariably included in the same tenancy as the arable portion. The homestead lands are also held rent free. Chapperbandi is a house tax, and is not leviable on agricultural tenancies, except in very rare case. In Singhbhum district, the general custom is similar; but, in some parts of the district (Dhalbhum Pargana), the homestead lands are assessed to rents at fairly high rates and generally at not less than the rate payable for the 1st class rice lands.

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